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“If lawyers circulate non-urgent matters, then heavy costs will be imposed or long date will be given”: Bombay HC

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BHUVANA IYER – Mumbai Uncensored, 15 January 2022

A Division Bench of Bombay High Court has issued a notice on the administrative side warning advocates against circulating matters which do not require urgent hearing. 

A bench of Justices Gautam Patel and Madhav Jamdar noted that advocates are taking undue advantage of an earlier notice which permitted advocates to merely indicate the date of listing without mentioning for circulation.

Lawyers are circulating non-urgent matters due to which a large number of cases in which there is no urgency, are being listed, the notice said.

Recently, considering the rapid surge of COVID19 cases in Maharashtra, especially in Mumbai, the Principal Bench at Bombay and Bench at Nagpur to limit the functioning of courts for 3 hours a day only. The Court resolved to take up only urgent matters that too through virtual hearing only.

The Bombay High Court had also granted liberty to advocates and parties to give application for urgent listing of cases, in which there is extreme urgency, however, it came to the knowledge of the Court that a large number of matters were listed, in which there was no urgency.

The notice issued by the High Court stated that “It is found that taking undue advantage of the previous notice, by which parties’ advocates were permitted to indicate the date of listing without mentioning for circulation, a large number of matters in which there is no urgency, are being listed.” 

The High Court administration has stated that by listing non-urgent matters endlessly by lawyers and parties, there was an “increase in the pressure on the court staffers and court departments” in Covid times when the number of staff was reduced. It is because of this that advocates and parties have been put to notice by the high court administration. The notice clearly states that “if any such matters that are not immediately urgent are circulated, either heavy costs will be imposed or matters may be adjourned to a long date.”

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A Muslim woman is forbidden as the guardian of her child: According to the Supreme Court

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On Wednesday, the Kerala High Court declared that it had to adhere to Supreme Court precedent in stating that a Muslim woman can not be the guardian of her minor child and the property. The Quran or the Hadith does not prohibit the right of a Muslim woman to be a child’s guardian, but the Court said that it must respect the law as the Supreme Court defined it under Article 141 of the Constitution.

Reports state that the court was deliberating on the appeal made by C Abdul Aziz of Kallai, Kozhikode, and 12 other people, who were represented by attorney KM Firoz. The court of Justices PB Suresh and CS Sudha recognised that although Muslim personal law forbids Muslim women from acting as guardians for their minor children, it is invalid when compared with articles 14 (equality) and 15 (discrimination) of the Indian Constitution. It was emphasised again that the Court must abide by the precedents established by the Supreme Court. The Apex Court has previously ruled in several cases that a Muslim woman could not serve as a guardian for her underage children, stated the court. “It is undeniably true that women have ascended to new heights and slowly but surely stormed a number of male strongholds in the contemporary era.” As was mentioned, many Muslim-majority or Islamic nations have female heads of state. Additionally, women have taken part in space missions. However, this court is obligated to follow the Supreme Court’s rulings, “stated the Court. The appellant, meanwhile, argued by referring to the Hadith and said that the woman was recognised as the guardian of her husband’s property as well. They said that there was nothing in the Quran or Hadith that prohibited a woman from being a guardian of her son or his property. They also added that Hadiths were never considered in any of the judgments of the Supreme Court in this regard.

In contrast, the responses claimed that neither the Quran nor the Hadith endorses the concept that a mother can serve as a guardian and that several verses of the Quran explicitly support the opposite view. The Court upheld that even while the Quran did not expressly indicate that a mother could not serve as a guardian, it was not for the Court to interpret this in light of the Supreme Court’s decision. Furthermore, citing the Shayara Bano case, the Shariat Act is the only law that applies to Muslims in the situations listed in Section 2 of the act, which includes guardianship, according to the Court. The petition was filed over a partition deed in which a Muslim mother acted as a legal guardian of her son’s property. The Kerala High Court noted that the partition agreement was obligatory on the parties but disregarded the mother’s status as legal guardian.

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Bombay high court seeks response from Maharashtra government on PIL to rename Dindoshi Metro Station ‘Pathanwadi’

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Khushi Thapa, Mumbai Uncensored, 7th July 2022:

The Bombay High Court on Monday ordered the Maharashtra government to respond to a PIL that asks for the renaming of the Dindoshi metro train station to Pathanwadi within two weeks.

The high court ordered the petitioner to deposit Rs. 1 lakh before the hearing on June 9.

A PIL was filed by Naee Roshni social organisation by advocate Sahood Anwar Naqvi against MMRDA and others, claiming that MMRDA breached its own policies in 2019 when it renamed the station to Dindoshi under political influence. The Mumbai Metropolitan Region Development Authority (MMRDA), which tried to subvert the station names on Mumbai Metro lines 2A and 7, was the subject of the appeal filed on July 18, 2019.

In spite of RTI responses noting that Dindoshi is a “revenue village” and not the “closest wadi,” the petitioner claimed that the name “Pathanwadi” was changed to “Dindoshi” under excessive political pressure and demands from two MLAs, Atul Bhatkhalkar and Sunil Prabhu. The complaint alleged that the name was “arbitrary,” hurt the citizens’ feelings, and violated their fundamental rights.

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राष्ट्रीय अन्वेषण अभिकरण अदालत ने एल्गार मामले पर जमानत की खारिज

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Nazneen Yakub – Mumbai Uncensored, 29th June 2022

राष्ट्रीय अन्वेषण अभिकरण (NIA)ने मुंबई के एल्गार मामले में जमानत खारिज कर दी है। एल्गार परिषद- माओवादी मामले में सुरेंद्र गाडलिंग, रोना विल्सन, महेश राउत, सुधीर धवले और शोमा सेन की याचिका को 29 जून को एनआईए ने खारिज कर दिया है। आरोपियों द्वारा 2018 में पुणे की सत्र अदालत में तकनीकी आधार पर जमानत याचिका दायर की गई थी। 

इस याचिका में आरोपियों ने दावा किया था कि मामले में आरोपपत्र दाखिल करने के लिए सत्र अदालत द्वारा 90 दिनों का विस्तार ‘‘अवैध’’ था। इसलिए, वे दंड प्रक्रिया संहिता (सीआरपीसी) के प्रावधानों के तहत तकनीकी आधार पर जमानत के हकदार हैं।

एल्गार परिषद माओवादी मामला

एल्गार परिषद माओवादी मामला 31 दिसंबर 2017 का है जोकि पुणे में आयोजित ‘एत्गार परिषद’ सम्मेलन में हुआ था। इस सम्मेलन में कथित भड़काऊ भाषण दिए थे। इन भड़काऊ भाषणों के बाद पुणे पुलिस ने यह दावा किया था कि अगले दिन महाराष्ट्र शहर के बाहरी इलाके में स्थित कोरेगांव भीमा युद्ध स्मारक के पास हिंसा हुई थी। 

पुलिस ने दावा किया था कि कॉन्क्लेव को माओवादियों का समर्थन भी प्राप्त था। इस मामले में एक दर्जन से अधिक कार्यकर्ताओं और शिक्षाविदों को आरोपी बनाया गया है। इस केस को राष्ट्रीय जांच एजेंसी में सौप दिया गया था।

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